1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

STATE GOVERNMENT

STATE GOVERNMENT LEGISLATION

SENATE FILE 99 - Board of Nursing Examiners - Composition(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act changes the membership composition requirements of the Iowa Board of Nursing Examiners. Current law requires that one of the four registered nurses included in the composition of the board must be actively engaged in the practice of nursing, and three are required to be nurse educators from nursing education programs. The Act retains the requirement that the board be composed of four registered nurses, but provides that two of the registered nurses will be actively engaged in practice, and two will be nurse educators from nursing education programs. The Act deletes the previous requirement that one of the nurse educators be affiliated with a diploma education program.

SENATE FILE 102 - Nonsubstantive Code Corrections(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes Code changes and corrections that are considered to be nonsubstantive and noncontroversial, in addition to style changes.

Subject matter areas in which technical, grammatical and other nonsubstantive changes are made include the following: the Iowa Educational Savings Plan Trust Program, the Enhanced 911 Program Bonding Authority and Wireless E911 Emergency Communications Fund, the IowAccess Network, public official impeachment procedures, occupational hearing loss, safety inspection of amusement rides, Iowa Public Employees' Retirement System, controlled substances, child abuse record checks, radon testing, the charging of fees for certain vital statistics records, the licensing board for the profession of barbering, inspection of cold storage plants by the Department of Agriculture and Land Stewardship, the Blufflands Protection Revolving Fund, determinations of the existence of hog-cholera outbreaks, food establishments, organic agricultural products, dry animal nutrient products, membership of the Commission of Persons With Disabilities, the Commission for the Blind, the designation of the Mental Health and Developmental Disabilities Commission, the definitions applicable to the Child Abuse Information Registry, the use of ear-protective devices in vocational or industrial arts shops or laboratories, state Department of Transportation rules for commercial driver's licenses, the providing of records of motor vehicle operation violation convictions through the Iowa Court Information System, applicability of operating while intoxicated prohibitions, fees and charges collected by county recorders for obtaining certain licenses and records, investigation of the premises of confinement feeding operations by state and county officials, references to the Uniform Partnership Act, biennial reports by cooperative corporations and information received by cooperative corporation members, references to the 1989 Corporations Not for Pecuniary Profit chapter, the contents of written disclosures to customers by invention developers, the duties of the clerk of court related to the trial certificate list, the applicability of sex offender registration requirements, employee rights when serving as a witness in a criminal proceeding, and the rights of a victim of a delinquent act.

SENATE FILE 106 - Church Buildings - Accessibility Requirements(full text of act)

BY JENSEN AND KIBBIE. This Act provides that the provisions of the State Building Code, which concern accessibility of persons with disabilities, do not apply to a building, or to any structures or facilities in that building, that is used as a place of worship.

This Act takes effect on April 22, 1999.

SENATE FILE 210 - National Guard - Active Service Pay(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act increases the minimum daily pay for active state service for members of the Iowa National Guard from $75 to $100.

SENATE FILE 254 - Emergency Management Services(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act gives the Emergency Management Division of the Department of Public Defense an exemption from a state law that prohibits state competition with private enterprise relating to the repair, calibration or maintenance of radiological detection equipment. The division may also charge a fee for the services and use the proceeds for the operation of the radiological maintenance facility or for radiation incident response training.

The Act also requires local governments to file with the division a comprehensive countywide emergency operations plan that meets state standards in order to maintain eligibility for partial state funding of financial assistance to the local governments or eligible private nonprofit agencies for disaster-related expenses, serious needs or hazard mitigation. This requirement takes effect July 1, 2000.

The Act also requires the administrator of the division to report to the General Assembly by January 15, 2000, regarding state government preparedness to respond to nuclear, chemical or biological materials incidents and identify unmet needs for preparedness and response efforts.

SENATE FILE 281 - Workforce Development Department - Miscellaneous Provisions(full text of act)

BY COMMITTEE ON SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM. This Act deals with the Department of Workforce Development.

New Code Section 84A.1C authorizes the Workforce Development Board to establish a nonprofit corporation for the purpose of acquiring funds to be used to further workforce development and the mission of the board. The new section provides for the incorporators of the corporation, the members of the corporation's board of directors, and the authority of the board to obtain and disburse funds in furtherance of the duties of the Workforce Development Board.

Code Section 84A.4, subsection 3, is amended to authorize the payment of expenses incurred by members of regional workforce development advisory boards.

Code Section 84A.5 is amended to authorize the director of the department to adopt rules providing for the charging and collecting of fees on certain services provided by the department that are not required to be provided and are not generally available. The fees shall be determined based upon personnel costs in providing the service.

Code Section 84A.7, concerning the Iowa Conservation Corps, is amended to provide that persons employed through a program of the corps are exempt from the merit system requirements of Code Chapter 19A and are not eligible to receive unemployment compensation benefits.

SENATE FILE 282 - Department of General Services Practices and Procedures(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act relates to practices of and appropriations to the Department of General Services. The Act amends Code Section 18.6 to permit a cashier's check to be used as bid security for bids on public improvement projects.

The Act amends Code Section 18.12 to modify the duty of the Director of the Department of General Services to lease buildings and office space for the proper functioning of a state agency at the seat of government. It specifies that the director may lease such buildings and space in Polk County or in a county contiguous to Polk County.

Code Section 18.18, relating to requirements for purchasing recycled products by the Department of General Services, is amended to provide that purchases of recycled printing and writing paper are to meet federal requirements established by the U.S. Environmental Protection Agency. Currently, all types of paper, with certain exceptions, are required to be recycled paper, as defined in Code Section 18.18 in conjunction with recommendations made by the Department of Natural Resources. The Act requires persons submitting bids for printing and writing paper to certify that the paper proposed meets the federal requirements. The Act also makes corresponding changes in Code Sections 216B.3, 262.9 and 307.21.

The Act eliminates the requirement that the director of the department make annual, fiscal or calendar reports to the Governor of the cost of the public printing for each department during the preceding fiscal term. The Act also includes the reproduction of an image by electronic means within the definition of "printing" for purposes of statutory provisions relating to the department's state printing responsibilities and official state reports and publications.

The Act also amends Code Sections 18.37 and 18.43 to allow persons bidding on public printing projects to submit a cashier's check, in lieu of a certified check or bid bond, as surety that the person will enter into a contract with the state if the bid is awarded to the person.

Finally, the Act amends a provision passed by the General Assembly in 1998, relating to an appropriation to the department for the renovation of state-owned buildings and facilities. It specifies the authority of the department to expend up to $1.25 million of the appropriation for the purchase of property to the north of the capitol complex to include a larger portion of property in that area. This provision of the Act takes effect May 14, 1999.

SENATE FILE 323 - Audiologists and Speech Pathologists - Professional Designations (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act prescribes the professional prefix or suffix that may be utilized by a speech pathologist or audiologist with an earned doctoral degree obtained beyond a bachelor's degree from an accredited school, college or university. The Act prescribes the prefix of "Doctor" or "Dr." for a speech pathologist or audiologist meeting the specified educational criteria, and provides that a speech pathologist or audiologist meeting the criteria may use a suffix designating the degree obtained or may add after the person's name the words "speech pathologist," or the word "audiologist," as appropriate.

SENATE FILE 335 - Real Estate Transfers - Mortgage Releases(full text of act)

BY COMMITTEE ON COMMERCE. This Act creates new Code Section 16.92, applicable to a mortgage in an original principal amount of $500,000 or less, and provides that a duly authorized officer or employee of the Title Guaranty Division in the Iowa Finance Authority may execute and record a certificate of release in each county in which a mortgage is recorded.

The certificate of release may be filed by the division if the real estate lender or closer certifies in writing that the payoff statement either does not indicate that the mortgage continues to secure an unpaid obligation due the mortgagee or an unfunded commitment by the mortgagor to the mortgagee, or contains the legal description of the property to be released from the mortgage and the legal description of the property that will continue to be subject to the mortgage; that the payment was made in accordance with the payoff statement; and that more than 30 days have elapsed since the date the payment was sent.

The division must determine that an effective satisfaction or release of the mortgage has not been executed and recorded within 30 days after the date payment was sent or otherwise made in accordance with a payoff statement. In addition, the division, at least 30 days prior to executing the certificate of release, must send by certified mail, to the last known address of the mortgage servicer, written notice of its intention to execute and record a certificate of release, including instructions to notify the division of any reason why the certificate of release should not be executed and recorded.

The Act provides that if, prior to executing and recording the certificate of release, the division receives written notification setting forth a reason satisfactory to the division why the certificate of release should not be executed and recorded by the division, the division shall not execute and record the certificate of release.

The Act provides that a certificate of release filed by the division is to be executed and acknowledged in the same manner as required by law for the execution of a deed. The Act provides that the recording of a wrongful or erroneous certificate of release by the division does not relieve the mortgagor, or the mortgagor's successors or assigns on the debt, from personal liability on the loan or on other obligations secured by the mortgage.

The Act provides that in addition to any other remedy provided by law, if the division wrongfully or erroneously records a certificate of release, the division is liable to the mortgagee and mortgage servicer for actual damages sustained due to the recording of the certificate of release.

The Act also repeals Code Section 655.2, which provides a penalty for a mortgagee, mortgagee's representative or assignee, who fails to release a mortgage within 30 days after being requested in writing after the mortgage has been satisfied in full. Code Section 655.2 also provides that such person shall forfeit to the mortgagor or any grantee of the property who has paid the mortgage, the sum of $100 plus reasonable attorney fees incurred by the mortgagor or grantee in securing the release of the mortgage.

New Code Section 655.3 provides that if a mortgagee, or a mortgagee's personal representative or assignee, upon full performance of the conditions of the mortgage, fails to discharge such mortgage within 30 days after a request for discharge, the mortgagee is liable to the mortgagor and the mortgagor's heirs or assigns, for all actual damages caused by such failure, including reasonable attorney fees.

SENATE FILE 462 - Veterans Benefits and Interests(full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act redefines "veteran" to include persons who served in the Armed Forces of the United States during certain wars and armed conflicts and who were discharged under honorable conditions, and persons who served with the reserved forces of the United States or the Iowa National Guard, certain merchant marines, and women who served as Women's Air Force Service Pilots during World War II. The wars and armed conflicts that qualify military persons as veterans include World War I, military service in Germany, Russia, Haiti, Nicaragua, and China during certain dates before 1940, World War II, the Korean Conflict, the Vietnam Conflict, Lebanon and Grenada service, Panama service, and the Persian Gulf Conflict. The specific dates of service are contained in the Act.

This Act provides that veterans are eligible for state and local government employment preferences, a property tax exemption, burial expense for an indigent veteran, spouse or child, county welfare benefits, and grave markers. The property tax credit for local governments increases from $6.75 to $6.92 per $1,000 of exempt property beginning with property tax exemption claims allowed on or after January 1, 2000.

This Act provides a bonus for persons who served on active duty in the active, oceangoing merchant marines between December 7, l941, and December 31, 1946, for not less than 120 days before December 31, 1946. The bonus is $12.50 per month for each month of service, not to exceed a total of $500.

This Act provides arbitration procedures if a person belonging to a class eligible for a veterans preference is refused the preference or is given a salary reduction with intent to bring about a resignation or discharge of the incumbent. This Act also authorizes a special motor vehicle license plate for persons who have been awarded the Legion of Merit.

SENATE JOINT RESOLUTION 1 - Proposed Constitutional Amendments - State Expenditures and Taxes(full text of act)

BY IVERSON, JOHNSON, BOETTGER, JENSEN, DRAKE, MADDOX, McKIBBEN, KING, RITTMER, REHBERG, REDWINE, KRAMER, FREEMAN, LAMBERTI, ANGELO, VEENSTRA, HEDGE, ZIEMAN, McKEAN, MILLER, SEXTON, BEHN, GASKILL, BARTZ, TINSMAN, McLAREN, AND SCHUERER. This Joint Resolution proposes two amendments, relating to state budgets, within a new Article XIII to the Constitution of the State of Iowa.

The first amendment establishes a State General Fund expenditure limitation. The amount of the limitation is 99 percent of the adjusted revenue estimate. The amendment defines "adjusted revenue estimate" and requires that the estimate be determined by a revenue estimating conference created by the General Assembly by law. The amendment requires that the expenditure limitation be used by the Governor in preparation of the Governor's budget and by the General Assembly in the budget process. The amendment also provides that if a new revenue source is established and implemented, 95 percent of the estimate of that new revenue shall be included in the expenditure limitation.

The first amendment also provides that the amount of any surplus, which exceeds an amount equal to 10 percent of the adjusted revenue estimate, may be included in the adjusted revenue estimate for the following fiscal year. Any surplus equal to 10 percent or less of the amount of the adjusted revenue estimate may be included in the following year's adjusted revenue estimate if approved by a three-fifths majority of each house of the General Assembly. The amendment also requires the state to use generally accepted accounting principles for state budgeting and accounting purposes. The amendment requires the General Assembly to enact laws to implement the amendment.

The second amendment contained in the Joint Resolution requires a three-fifths majority of the General Assembly for certain tax law changes. The amendment provides that any bill which enacts, amends or repeals the state income tax or the state sales and use taxes, and which causes, in the aggregate, an increase in state tax revenues, as determined by the General Assembly, must be adopted by three-fifths of the whole membership of each house of the General Assembly. The amendment also requires a three-fifths majority vote of each house of the General Assembly in order to enact a new state tax to be imposed by the state. A lawsuit challenging a bill pursuant to either three-fifths majority passage requirement must be filed no later than one year from the date of enactment of the bill. Finally, the amendment requires the General Assembly to enact laws to implement the amendment.

The amendments will be submitted to the voters for ratification at a special election on June 29, 1999. When submitted to the voters, each amendment will be voted on individually.

SENATE JOINT RESOLUTION 2 - Ola Babcock Miller State Office Building - Commemoration(full text of act)

BY MADDOX AND HARPER. This Joint Resolution provides that the state office building located at 1112 East Grand Avenue in Des Moines, previously referred to as the "Old State Historical Building," be designated and named the "Ola Babcock Miller State Office Building."

HOUSE FILE 242 - Substantive Code Corrections(full text of act)

BY COMMITTEE ON JUDICIARY. This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities.

The Act makes changes relating to the investment of moneys and transfer of ownership rights in provisions pertaining to the Iowa Educational Savings Plan.

Language in the Department of Economic Development chapter relating to coordination of the Job Training Partnership Program with the Self-Employment Program is deleted. The Job Training Partnership Program is no longer under the Department of Economic Development.

The Workers' Compensation Liability Insurance chapter is amended to specify that financial statements are to be provided to and are subject to examination and rules of the Commissioner of Insurance. Child abuse record check provisions are amended to specify that if the Department of Human Services determines that an applicant for employment with a health care facility has a record of founded child abuse, that department is also to notify the licensee that an evaluation will be conducted to determine whether the person's employment is warranted.

Corrections are made in references relating to the collection and forwarding or retaining of fees by the county registrars for birth records, death records, marriage certificates, marriage license filing fees, and other fees provided by law.

In provisions relating to reporting of certain wounds that appear to have been received as the result of a criminal offense, the term "serious bodily injury" is changed to the defined term "serious injury," which is referenced in the provisions.

The bond amount for each place of business of a dealer in biological products is changed so that a uniform amount is prescribed. The definition of "distribute" within the chapter pertaining to bulk dry animal nutrient products is amended to provide that any of the methods of distribution listed are included in the definition.

The definition of "mediator" is changed to convert the contents of the definition into substantive provisions in the Civil Rights chapter. Language relating to the appointment of a person outside the Department of Human Rights as the Administrator for the Commission of Persons With Disabilities, and which permits the commission to appoint personnel for the administration of policies and programs of the commission, is stricken. The Act also strikes an obsolete requirement relating to providing information regarding on-site review of waste management in product bidding and contract procedures for institutions under the Commission for the Blind and the State Board of Regents.

An obsolete reference to a joint agreement between the Department of Education and the community colleges, regarding accreditation of community colleges, is eliminated.

References to the Motorcycle Rider Education Fund are corrected to reflect the current statutory citation for the fund. A limitation on the ability of certain persons, who received citations for failure to provide proof of financial liability coverage but who actually had liability coverage in force at the time of the citation, to seek to have the citation dismissed is changed. Provisions specifying the fee for registration of all-terrain vehicles or snowmobiles are conformed to provide for a uniform fee amount. Punctuation is changed in provisions relating to connections for utility services for mobile homes.

The usage of the term "board of supervisors" is conformed within provisions relating to the detachment and attachment of areas to rural water districts.

A reference to a stricken provision is deleted in provisions relating to taxation provisions that apply to cities acting under special charters. An internal reference in provisions relating to computation of tax deductions for medical expenses is corrected. Certain references to modular homes are deleted from provisions relating to taxes on homes in mobile home parks. The term "transfer replacement tax" is changed to "transfer replacement excise tax" in provisions relating to taxes on electricity and natural gas providers. Obsolete provisions pertaining to the taxation of personal property are stricken.

Animal feeding operation provisions are amended to specify which persons are restricted from constructing or expanding animal feeding operations structures. The exemption to certification of confinement site manure applicators is amended to specify that it applies to persons who are acting under the instructions and control of a certified confinement site manure applicator.

Amendments are made to delete language relating to allocation of use tax revenues to the Iowa Petroleum Underground Storage Tank Program, since those revenues are no longer appropriated to that fund, and to transfer language pertaining to the Insurance Account to provisions relating to the now separate Underground Tank Insurance Fund. References to the term "fund" are changed as necessary to specify that the references are to the Underground Storage Tank Insurance Fund, and not to the Iowa Comprehensive Petroleum Underground Storage Tank Fund.

The Uniform Partnership Act provisions are amended to specify that in the case of a merger, certain obligations incurred prior and subsequent to the merger are to be satisfied out of the assets of the surviving entity.

References to the former Community Health Management Information System are deleted. An exception to the former limitation on state bank offices is also deleted, as is an internal reference to a former restriction on the retention of former bank offices by a resulting bank of a merger or consolidation.

Provisions relating to the conditions for the issuance of a marriage license are redesignated to conform to the requirements stated in those provisions.

References pertaining to the availability of suspended or deferred sentences are corrected in the domestic abuse assault provisions.

In provisions relating to the powers and duties of the Director of the Department of Corrections, language relating to the provision of "habilitative services and treatment" is conformed to the term as defined within the section.

In the Victim Rights chapter, provisions relating to the performance of medical examination and treatment are conformed to existing practice; HIV-related testing provisions are amended to conform language to prior Code changes; and language relating to transportation of domestic abuse victims to medical care and language relating to Attorney General actions to recover moneys and property from convicted felons are conformed to the provisions cited.

The Act also repeals a variety of provisions, including a provision identical to a provision in the Victim Rights chapter. Provisions relating to a former public transit loan program are deleted. Sections establishing a former technical advisory committee in the Department of Natural Resources are deleted. Provisions relating to the Iowa Statehood Sesquicentennial Commission and county sesquicentennial commissions are deleted.

Various session law provisions are amended to conform and correct effective dates and Code references.

HOUSE FILE 308 - Department of Inspections and Appeals Investigators - Status(full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that investigators employed within the Investigations Division of the Department of Inspections and Appeals have the power and authority of a peace officer while conducting an investigation involving state or federal benefit assistance programs as described in Code Section 10A.402, subsection 7. Peace officer status permits a person to, among other things, issue misdemeanor summons, petition for a search warrant, and make an arrest. The Act further provides that an investigator shall not carry a weapon to perform duties as authorized by this Act.

HOUSE FILE 402 - Proposed Licensure of Midwives - Review(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for the establishment of a Scope of Practice Review Committee regarding the proposed licensure of certified professional midwives. The Act provides that the Iowa Department of Public Health will establish the committee pursuant to the Scope of Practice Review Committee Pilot Project established in 1997 Iowa Acts, Chapter 203, Section 6. The committee will review a request for the establishment of licensure requirements for certified professional midwives, and will submit its findings and recommendations in a report to the General Assembly by January 10, 2000.

HOUSE FILE 417 - Property Tax Rent Reimbursement - Claimant Information(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act allows the Department of Revenue and Finance to release information pertaining to an individual's eligibility or claim for property tax rent reimbursement to employees of the Department of Inspections and Appeals who are officially conducting an audit or investigation.

HOUSE FILE 518 - Fire Safety - Bed and Breakfast Inns(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act exempts bed and breakfast inns, defined as hotels with nine or fewer guest rooms, from fire safety rules applicable to hotels. However, this Act provides that the State Fire Marshal is required to specifically adopt fire safety rules applicable to bed and breakfast inns.

HOUSE FILE 688 - Designation of State Poet Laureate(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act creates an honorary state office of State Poet Laureate. A state poet laureate nominating committee consisting of six persons, three appointed by the Executive Director of Humanities Iowa and three appointed by the Executive Director of the Iowa Arts Council, selects a list of three nominees who are residents of the state and noted for their poetic accomplishments. The Governor may select a State Poet Laureate from this list for a two-year term. The State Poet Laureate shall not receive any compensation as a result of the appointment.

HOUSE FILE 689 - Iowa Freedom Trail Study(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act directs the Department of Cultural Affairs to prepare a proposal, with cost estimates, to explore the establishment of an Iowa Freedom Trail Program. The Act requires the department to explore the possibility of securing the cooperation and assistance of the National Park Service in developing and implementing a program that would assist in locating, identifying and preserving sites, routes and other resources located in the state which served a function in the Underground Railroad and antislavery campaign in the state, and identify and recognize any citizens of the state who were instrumental in the Underground Railroad and antislavery campaign. The department must submit a report on the proposal to the General Assembly by January 1, 2000.

HOUSE JOINT RESOLUTION 13 - Rock Island Arsenal - Additional Production Work Request(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Joint Resolution requests that the U.S. Department of Defense and the U.S. Army place additional production work at the Rock Island Arsenal, in light of indications by the Army of a possible layoff of several hundred skilled production employees at the arsenal during FY 1999-2000. Factors supporting the placement of additional work at the arsenal are identified in the Joint Resolution.

HOUSE JOINT RESOLUTION 15 - Nullification of Administrative Rule - Preparation of Descriptions of Ballot Issues(full text of act)

BY COMMITTEE ON ADMINISTRATION AND RULES. This Joint Resolution nullifies an administrative rule of the Secretary of State's Office applicable to preparation of a summary describing a constitutional amendment or statewide public measure. The rule nullified requires that the words describing a proposed constitutional amendment or statewide public measure be prepared not less than 150 days before the election.

The Joint Resolution takes effect April 26, 1999.

RELATED LEGISLATION

SENATE FILE 68 -- Mid-America Port Commission - Counties Included (Complete summary under ECONOMIC DEVELOPMENT.)

This Act includes Jefferson, Van Buren and Wapello Counties in the jurisdiction of the Mid-America Port Commission.

SENATE FILE 101 -- Contraband in Prisons and Detention Facilities (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act prohibits the possession of contraband on the grounds of a correctional institution or an institution under the management of the Department of Corrections.

SENATE FILE 146 -- Regulation of Worker and Public Safety and Protection (Complete summary under LABOR & EMPLOYMENT.)

This Act makes a number of changes to Code provisions administered by the Labor Services Division of the Department of Workforce Development, including provisions relating to the Iowa Emergency Response Commission; cause of action authority by the Labor Commissioner when acting on behalf of the Second Injury Fund; the Iowa State Elevator Code; and the means by which the Labor Commissioner may provide notice of penalty or action under Occupational Safety and Health (OSHA), elevator or contractor registration laws. The Act also allows the Labor Commissioner's designee to perform tasks related to the administration of the laws of this state relating to OSHA, boxing and wrestling, and the division.

SENATE FILE 203 -- Transportation - Miscellaneous Provisions (Complete summary under TRANSPORTATION.)

This Act repeals, effective April 7, 1999, Code Sections 309.42 and 309.56, which require the state Department of Transportation to review local county plans and contracts for road, bridge and culvert construction on roads under the jurisdiction of the county.

SENATE FILE 264 -- Natural Resources Department Authority - Sac and Fox Tribe and Settlement (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

This Act provides that the Sac and Fox Tribe of the Mississippi in Iowa will exercise regulatory authority regarding seasons, bag limits, possession limits, locality, the method of taking, and the taking of fish and wildlife by its members within the Tama Settlement except where federal law provides that the Natural Resource Commission and the Department of Natural Resources exercise the regulatory authority.

SENATE FILE 277 -- Physician Assistants and Advanced Registered Nurse Practitioners - Hospital Clinical Privileges (Complete summary under HEALTH & SAFETY.)

This Act provides that administrative rules governing hospitals shall not deny clinical privileges at hospitals to physician assistants and advanced registered nurse practitioners solely by reason of this status.

SENATE FILE 366 -- Appropriations - Supplemental Funding for Embedded Chips Replacement (Complete summary under APPROPRIATIONS.)

This Act makes an FY 1998-1999 supplemental appropriation from the state's Infrastructure Fund to the Division of Information Technology Services of the Department of General Services. The supplemental appropriation of approximately $2.4 million is to be used to make state government technology and equipment Y2K compliant. The Act takes effect April 21, 1999.

SENATE FILE 451 -- Indigent Defense (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act makes changes pertaining to the payment of costs of indigent persons in criminal, juvenile, postconviction, contempt, and certain other civil actions. The duties and authority of the State Public Defender are also expanded under the Act.

SENATE FILE 460 -- Appropriations - Administration and Regulation (Complete summary under APPROPRIATIONS.)

This Act relates to and appropriates $110.3 million for FY 1999-2000, which includes $88.8 million from the State General Fund and $21.5 million of other funds, to the Auditor of State, Iowa Ethics and Campaign Disclosure Board, Department of Commerce, Department of General Services, Office of Governor including the Lieutenant Governor and Terrace Hill, Department of Inspections and Appeals, Department of Management, Department of Personnel, Iowa Public Employees' Retirement System, Department of Revenue and Finance, Secretary of State, Office of State-Federal Relations, and the Treasurer of State. The Act also appropriates funding for the state's membership on the Commission on Uniform State Laws, the National Conference of State Legislatures, the American Legislative Exchange Council, the Council of State Governments, the National Conference of Insurance Legislators, and the National Governor's Association.

SENATE FILE 470 -- Campaign Finance (Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE.)

This Act replaces certain references in Code Chapter 56 (the Campaign Disclosure - Income Tax Checkoff Act) with terminology related to "express advocacy," to conform the provisions of the chapter to language contained in the U.S. Supreme Court's decision in Buckley v. Valeo (1976). The Act also creates a bipartisan campaign finance commission to review the campaign finance laws and submit proposed revisions to the next session of the current General Assembly, beginning in January 2000. The Act takes effect May 18, 1999.

HOUSE FILE 100 -- Law Enforcement Officer Certification - Suspension or Revocation (Complete summary under LOCAL GOVERNMENT.)

This Act expands the Iowa Law Enforcement Academy Council's ability to revoke or suspend a law enforcement officer's certification. The Act further provides that a law enforcement officer's employer must state to the council the reasons for the resignation of an officer if the resignation is for a reason that would most likely result in the revocation or suspension of the officer's certification.

HOUSE FILE 164 -- Open Meetings Violations - Attorney Fees (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that a governmental body that violates Code Chapter 21, the Open Meetings Law, is liable to pay appellate attorney fees to the prevailing party.

HOUSE FILE 386 -- Assaults on Jailers or Correctional Staff (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act increases the penalty for an assault on correctional staff other than peace officers.

HOUSE FILE 476 -- Eminent Domain and Condemnation Proceedings (Complete summary under LOCAL GOVERNMENT.)

This Act makes several changes to the law relating to the power of eminent domain and the procedures by which the State of Iowa and other entities and persons are allowed to condemn private property.

HOUSE FILE 497 -- Public Health - Miscellaneous Programs and Issues (Complete summary under HEALTH & SAFETY.)

This Act provides for several changes related to the administration of programs under the purview of the Iowa Department of Public Health and health-related professional licensing and regulatory boards. The Act eliminates the requirement that rules adopted by the State Fire Marshal for certain residential care facilities be no more restrictive than those adopted for these facilities under a demonstration waiver pilot project; modifies the membership composition of the department's technical advisory committee for operators of radiation machines; eliminates references to the Iowa Board of Medical Examiners in Code Chapter 147A (Emergency Medical Care - Trauma Care), strikes a requirement that any disciplinary actions relating to clinical issues be referred to the board, and provides that investigators authorized by the department, rather than the board, have the powers of peace officers when enforcing the chapter; eliminates the prohibition on chiropractors from advertising or selling nutritional supplements; eliminates required oral exams and proficiency testing for licensing as a funeral director; provides the Board of Mortuary Science Examiners with the authority to establish practicums in mortuary science; extends the license period for cosmetology salons and barbershops from one year to two years; provides the department and professional licensure boards with access to dependent adult and child abuse records; makes changes and updates regarding the Council on Chemically Exposed Infants and Children and changes the status of the directors of Human Services, Human Rights, Education, and Corrections from nonvoting to voting members; extends the authority to use unmarked state vehicles to department disease investigators; and provides that county claims for autopsy expenses shall be forwarded to the State Appeal Board and paid from a standing unlimited appropriation if funds are not appropriated to the department for payment of these claims.

HOUSE FILE 521 -- Employment Agency Licensure and Operation (Complete summary under LABOR & EMPLOYMENT.)

This Act repeals Code Chapters 94 and 95, relating to the state free employment service and employment agencies. The Act creates new Code Chapter 94A, relating to the licensure and operation of employment agencies.

HOUSE FILE 571 -- Deposit of Public Funds - Depository Standards (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act amends Code Chapter 12C, relating to the deposit of public funds and the conditions that must be met by a financial institution to be eligible to receive such deposits, and subjects a savings and loan association, a savings bank, and any branch of a savings and loan association or savings bank to substantially the same requirements as a bank. The Act takes effect May 11, 1999.

HOUSE FILE 651 -- Implements of Husbandry and Other Vehicles - Movement Restrictions - Product Identification Numbers (Complete summary under TRANSPORTATION.)

This Act makes several changes relating to regulation of implements of husbandry and the movement of vehicles on the highways of this state. The Act amends Code Section 321.474, which allows the state Department of Transportation (IDOT) to impose restrictions as to the weight of vehicles operated upon any highway under its jurisdiction. The Act allows such restrictions to be placed on bridges and culverts within its jurisdiction for an indefinite period of time. Code Section 321.474 is also amended to provide an exception to restrictions imposed by IDOT on highways for implements of husbandry in general and for implements being transported for repair. The Act also directs IDOT to issue special permits for passage over a restricted bridge or culvert for up to eight weeks upon a showing of agricultural hardship.

HOUSE FILE 679 -- Elections - Sac and Fox Settlement Precinct (Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE.)

This Act requires the county commissioner of elections to redraw the boundaries of the Indian settlement precinct in Tama County to include land added to the settlement land held in trust by the U. S. Secretary of the Interior on behalf of the Sac and Fox Tribe of the Mississippi in Iowa.

HOUSE FILE 737 -- Appropriations - Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act provides that tax revenue in an amount equal to 0.3 percent of the gross sum wagered by the pari-mutuel method, and collected by the state Racing and Gaming Commission, is appropriated to the Iowa Department of Public Health to fund the position of deputy state medical examiner.

HOUSE FILE 745 -- Appropriations - Economic Development (Complete summary under APPROPRIATIONS.)

This Act provides that a state agency shall disburse public moneys used for grants, loans, tax incentives, or other financial assistance for economic development without discrimination.

HOUSE FILE 760 -- Appropriations - Human Services (Complete summary under APPROPRIATIONS.)

The Act makes appropriations to the Department of Human Services for FY 1999-2000, and includes numerous provisions involving health-related services including Medical Assistance, mental health and developmental disabilities services, prevention of disabilities, and substance abuse services. The Act also directs that if allowed by federal law and regulation, $65,000 of the penalties collected for health care facility violations is to be used for training and support for certified nurse aides employed by nursing facilities.

HOUSE FILE 762 -- Appropriations - State Government Technology and Operations (Complete summary under APPROPRIATIONS.)

This Act provides that it is the intent of the General Assembly that an information technology department be created effective July 1, 2000. The Act creates a transition team for the purpose of developing a written proposal regarding the creation of the department. The Act also creates the IowAccess Revolving Fund. Moneys in the fund are to be used to develop, operate and expand the IowAccess Network.

HOUSE FILE 772 -- Appropriations - Infrastructure and Capital Projects (Complete summary under APPROPRIATIONS.)

This Act makes appropriations from and to the Rebuild Iowa Infrastructure Fund for various capital and other projects. The Act requires that the Director of the Department of Management compile all capital project budgeting requests of all state agencies and prepare a capital project priority plan for submission with other budget documents with the Governor's budget message by November 1 of each year.

HOUSE FILE 781 -- Compensation for Public Employees (Complete summary under APPROPRIATIONS.)

This Act appropriates $52.8 million for the fiscal year beginning July 1, 1999, to fund salary adjustments for certain state elected officers; state appointed, nonelected officers; justices; judges; magistrates; employees subject to collective bargaining agreements; and noncontract employees.

HOUSE FILE 782 -- Miscellaneous Supplemental and Other Appropriations and Provisions (Complete summary under APPROPRIATIONS.)

Division III of this Act transfers the position of State Medical Examiner to the Department of Public Health from the Commissioner of Public Safety.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: SAT July 10 1999
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